International protection of trade secrets when using the Internet

Abstract

Protection and enforcement of trade secrets outside the USA have been minimal and undeveloped and of particular concern when using the Internet. Substantive and procedural laws vary from country to country. In recent years there has been a move toward harmonization under the North American Free Trade Association (NAFTA) and the Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement under the General Agreement on Tariffs and Trade (GATT) 1994. However, the provisions of TRIPS allow for varying periods for member countries to come into compliance. In the meantime international protection of trade secrets is uncertain, thus necessitating the development and implementation of strategies for preserving trade secrets in the international business environment. This paper discusses those strategies, beginning with defining and identifying a company’s trade secrets and the formulation of various policy measures to be taken to protect trade secrets, with emphasis on the risks inherent in the loss of trade secrets when using the Internet and how to eliminate or reduce that risk.